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Capitalisation of spousal maintenance

  • Tor67
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06 Aug 12 #347715 by Tor67
Topic started by Tor67
if i put here my age and annual spousal maintenance can anyone please give me the figure for capitalisation from the duxbury tables?

  • maggie
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07 Aug 12 #347805 by maggie
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www.wildy.com/isbn/9781859593523/at-a-gl...-law-bar-association

Only place I''ve ever seen them.

This gives some background - in 2009 Duxbury assumed interest of 3.75% - the good old days?

www.familylawweek.co.uk/site.aspx?i=ed33461

  • LittleMrMike
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07 Aug 12 #347823 by LittleMrMike
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This is just a personal opinion on capitalisation.
I paid SM for a very long time, and eventually there came a time when I felt that capitalisation might be a possibility to rid myself of what I regarded as a long standing and very tiresome imposition. Obviously, the older you are, the cheaper it gets.
Before you even think of capitalisation, I would advise you to become familiar with the approach adopted by the Court in Pearce v Pearce. In theory, the Court cannot use an application for capitalisation as an opportunity to achieve a further re-distribution of assets. However, the general approach seems to me, first of all to consider the issue as to the proper level of SM. The payer might argue for an increase in the SM and then for capitalisation of the sum as increased .
If that isn''t taking a second bite at the cherry I don''t know what is.
It is also within the powers of the Court to make a pension sharing order, though this would not have been so in my case because my divorce settlement was in 1986.
You might also care to consider the case of Dixon v Marchant www.familylore.co.uk/2008/01/dixon-v-mar...t-fair-decision.html.
So, my lawyer and I came to the conclusion that continuing to pay the SM was the lesser of two evils.
LMM

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